EDUCATION
YALE LAW SCHOOL, J.D., June 1997.
Yale Law Journal, Editor-in-Chief.
Yale Journal of International Law, Managing/Articles Editor.
Yale Journal of Law and Humanities, Editor.
Lowenstein International Human Rights Clinic.
HARVARD COLLEGE, B.A. in Government, summa cum laude, June 1994.
Thomas Temple Hoopes Prize (for outstanding research and writing).
Gerda Richards Crosby Prize (for outstanding research and writing).
Phi Beta Kappa.
John Harvard Scholar, Elizabeth Agaziz Award (all semesters).
Dean’s List (all semesters).
Harvard International Review & Harvard Political Review, Editor.
TEACHING POSITIONS
2002-present YALE UNIVERSITY SCHOOL OF LAW, New Haven, CT.
Associate Professor (tenure track). Currently teaching International Law Research and Writing, Introduction to Transnational Law, and Law and Globalization. Currently serving on Time/Calendar Committee, Space Committee, Curriculum Committee, First Term Writing Subcommittee, Globalization Committee, Fellowships Committee, the Yale Law Journal, Steering Committee and the Yale Law Journal Board of Directors.
October 2006 UNIVERSITY OF TORONTO FACULTY OF LAW, Toronto, Canada.
Distinguished Visitor. Taught an intensive course on international law and international relations.
2006 (Winter Term) HARVARD LAW SCHOOL, Cambridge, MA.
Jerimiah Smith Jr. Visiting Associate Professor. Taught a course on international law and international relations.
2000-2002 BOSTON UNIVERSITY SCHOOL OF LAW, Boston, MA.
Associate Professor (tenure track).
PROFESSIONAL HONORS
APPOINTED SENIOR RESEARCH SCHOLAR FELLOW IN INTERNATIONAL AND AREA STUDIES FOR THE MACMILLAN CENTER, YALE UNIVERSITY, 2007-present.
MEMBER OF THE ADVISORY COMMITTEE ON INTERNATIONAL LAW FOR THE LEGAL ADVISER, UNITED STATES DEPARTMENT OF STATE, 2005-present.
RECIPIENT OF CARNEGIE SCHOLARS AWARD 2004.
RECIPIENT OF YALE CENTER FOR INTERNATIONAL AND AREA STUDIES DIRECTOR'S AWARD, 2004.
MEMBER OF THE ADVISORY COMMITTEE ON INTERNATIONAL LAW FOR THE LEGAL ADVISOR, UNITED STATES DEPARTMENT OF STATE, 2005-present.
PUBLICATIONS
Academic Publications
Treaties' End: The Past, Present and Future of International Lawmaking in the United States, YALE LAW JOURNAL (forthcoming 2008) (examines the use of treaties and congressional-executive agreements from historical, comparative, and empirical perspectives and argues for greater replacing most treaties with congressional-executive agreements)
International Delegation and Domestic Sovereignty, LAW AND CONTEMPORARY PROBLEMS (forthcoming 2008) (examines the debate over the delegation of legal and political authority to international organizations)
Domestic Enforcement of International Law: Hamdan v. Rumsfeld, in STORIES IN INTERNATIONAL LAW (Foundation Press, 2007)
Why do Nations Join Human Rights Treaties?, JOURNAL OF CONFLICT RESOLUTION 588 (2007) (peer review journal) (examines why nations subscribe to international human rights treaties utilizing cross national data analysis and uses findings to assess a political theory of international law)
The Continuing Influence of the New Haven School, YALE JOURNAL OF INTERNATIONAL LAW 553 (2007) (discussing the ways in which the New Haven School of international law continues to influence legal scholarship today)
Rationalism and Revisionism in International Law, 119 HARVARD LAW REVIEW 1404 (2006) (with A. Lavinbuk) (assess the state of the academic debate over international law in light of a recent book on international law, The Limits of International Law, by Jack Goldsmith and Eric Posner)
Between Power and Principle: A Political Theory of International Law, 71 UNIVERSITY OF CHICAGO LAW REVIEW (forthcoming May 2005) (proposes a new conception of the relationship between international law and state behavior), reviewed in Legal Affairs by Michael Ignatieff.
Foundations of International Law and Politics (co-authored with Harold H. Koh) (a reader intended for legal and political science audiences) reviewed in Chrisopher C. Joyner, International Law Is, as International Relations Thoery Does?, 100 AMERICAN JOURNAL OF INTERNATIONAL LAW 248 (2006).
The New Empiricism in Human Rights: Insights and Implications, AMERICAN SOCIETY OF INTERNATIONAL LAW PROCEEDINGS 206 (2004) (discusses the lessons that can be drawn from existing empirical research into human rights law and porposes promising avenues for future research)
The International Law of Torture, in TORTURE: PHILOSOPHICAL, POLITICAL, and LEGAL PERSPECTIVES (Sanford Levinson ed., Oxford University Press 2004) (explores the place of international law in efforts to bring an end to the practice of torture)
The Cost of Commitment, 55 STANFORD LAW REVIEW 1821 (2003) (argues that the cost of compliance varies according to a country's divergence from the requirements of the treaty and the likelihood that the nation will in fact change its practices to comply with the requrirements; tests the argument using empirical evidence)
Testing Conventional Wisdom, 13 EUROPEAN JOURNAL OF INTERNATIONAL LAW 185 (2003) (peer review journal) (arguing that empirical analysis can be an important and powerful tool for testing assumptions regarding state behavior)
Do Human Rights Treaties Make a Difference?, 111 YALE LAW JOURNAL 1935 (2002) (analyzes quantitative data on over 150 nations during a 40-year period to assess the impact of human rights treaties on countries’ human rights practices and the empirical validity of current theories of international law compliance), reviewed in David Weissbrodt, Do Human Rights Treaties Make Things Worse?, FOREIGN POLICY 88 (Jan./Feb. 2003).
Path Dependence in the Law: The Course and Pattern of Change in a Common Law Legal System, 86 IOWA LAW REVIEW 601 (2001) (develops and applies three strands of path dependence theory to explain change in common law legal systems and to offer a positive and normative account of stare decisis).
Positive Feedback: The Impact of Trade Liberalization on Industry Demands for Protection, 52 INTERNATIONAL ORGANIZATION 575 (1998) (peer review journal) (uses political economy and rational choice theory, as well as empirical evidence, to propose and test a theory that helps explain variation in demand for trade protection).
Book Note, The Politics of the Confirmation Process, 107 YALE LAW JOURNAL 235 (1996) (reviews John Anthony Maltese, The Selling of Supreme Court Nominees).
Popular Writings
The War's Expiration Date, THE WASHINGTON POST ONLINE, Saturday, April 5, 2008 (with Bruce Ackerman) (arguing that the war in Iraq will become illegal on Jan. 1, 2009 unless new legislation is passed or the UN Mandate is extended)
An Agreement that Needs Agreement, THE WASHINGTON POST ONLINE, Saturday, February 15, 2008 (with Bruce Ackerman) (arguing that the proposed agreement between the United States and Iraq must be apporved by Congress to be legal)
Why We Need International Law, THE NATION, November 19, 2007 (putting forth a case for international law on the ground that international law benefits the United States' national interest)
A Tortured Way to Run A War on Terror, NEWSDAY, October 26, 2005 (op-ed discussing the Administration's efforts to stop Congress from regulating the military's treatment of detainees)
Judge Roberts and International Law & other posts, Supreme Court Extra: Think Progress, at http://court.thinkprogress.org/ (blog).
Debate Club: Is International Law Really Useful?, on-line at LEGAL AFFAIRS (http://www.legalaffairs.org/webexclusive/debateclub_.msp) (Jan. 2005) (on-line written debate with Eric Posner, a prominent critic of international law)
The Court Puts the White House in its Place, NEWSDAY, June 30, 2004 (op-ed discussing the Supreme Court’s cases on the rights of prisoners in the war on terror), reprinted as Supreme Court Brings Bush Administration Back to Earth, THE HARTFORD COURANT, July 1, 2004, as A Check on the Executive, THE STAR-LEDGER, July 1, 2004, and as White House Brought Back to Earth Bush's Power Over Inmates in War on Terror Reined in, WINNEPEG FREE PRESS, July 3, 2004.
Human Rights and Security, a paper for the United Nations High Level Panel on Global Security Threats (commissioned by the UN Foundation) (proposes ways the UN can use international law to more effectively shape what states do)
Two Cheers for International Law, 27 WILSON QUARTERLY 50 (Autumn 2003) (examines the role of international law in modern international politics)
Making Human Rights Treaties Work: Global Legal Information and Human Rights in the 21st Century, 31 Int’l J. of Legal Info. 312 (2003) (discussing why human rights treaties have been ignored in discussions of the war against terrorism and how they can be made more effective)
Making Human Rights Treaties Work, 4 YALE POLITIC 28 (2003) (discussing why human rights treaties have been ignored in discussions of the war against terrorism and how they can be made more effective)
Whither Biodiversity? The Global Debate over Biological Variety Continues, 15 HARV. INT’L REV. 58 (Winter 1992/93) (journalistic piece examining the international debate over a draft treaty designed to maintain biological diversity).
Lifting the Veil, 19 HARV. POL. REV. 16 (Mar. 1992) (journalistic piece examining the political and social status of women in Kuwait, based in part on observations made during a visit to Kuwait). Winner of the Kennedy School of Government Political Journalism Award.
DRAFTS AND WORKS-IN-PROGRESS
STRONG STATES, STRONG WORLD (forthcoming, Princeton University Press 2008) (summary available; draft will be available in Spring 2008)
Imbalance of Power: Growing Presidential Power Over of U.S. International Lawmaking (work-in-progress, examining the role of the president in U.S. international lawmaking)
The Legal and Political Foundations of International Law (provides a new account of when and how international law comes to be; draws upon on a comprehensive new database created by coding all of the constitutions currently operating in the world, with special attention paid to the political processes that countries use to create domestic and international law) (in progress) (summary and codebook available).
Measurement Error in Human Rights (with Daniel Ho) (presented at the American Political Science Association, September 2004) (draft available).
Do Environmental Treaties Make a Difference? (tests a theory of international law’s influence on state practices by examining the impact of multilateral environmental treaties on states’ environmental practices) (will be prepared for circulation in Fall 2004)
Who Ajudicates? (examines when and why states agree to the compulsory jurisdiction of the ICJ, the ICC, the WTO, and the International Tribunal for the Law of the Sea) (presented at the University of Chicago, Conference on Dispute Resolution, October 2004) (draft available)
PUBLIC PRESENTATIONS (2003-present only)
House Foreign Affairs Committee, Subcommittee on Oversight, testified at hearing on Decleration and Principles: Future U.S. Commitments to Iraq, March 2008
House Foreign Affairs Committee, Subcommittee on Oversight, testified at hearing on The November 26 Decleration of Principles: Implications for UN Resolutions on Iraq and for Congressional Oversight, February 2008.
Yale Law School, Faculty Workshop, February 2008 (presented "Treateies' End: The Past, Present, and Future of International Lawmaking in the United States")
American Association of Law Schools Annual Meeting, panel on The Future of Legal Scholarship, January 2008
University of Wisconsin-Madison School of Law & Department of Political Science, November 2007 (presented "Treaties' End: The Past, Present and Future of International Lawmaking in the United States")
Fordham Law School, symposium on "International Law and the Constitution: Terms of Engagement," October 2007 (presented on "What Does International Rule of Law Mean for the United States")
Stanford University, Conference on International Regimes, October 2007 (presented on "New Challenges to International Regimes")
American Political Science Association Conference, August 2007 (presented "Why Do Nations Join Human Rights Treaties?")
New America Foundation Annual Retreat, May 2007 (presented on a panel on "The Changing Face of Globalization")
Stanford University, International Law Colloquium, April 2007 (presented "International Delegation and Domestic Sovereignty")
Georgetown University School of Law, International Law Colloquium, April 2007 (presented "International Delegation and Domestic Sovereignty")
Princeton University International Relations Faculty Colloquium, March 2007 (presented "International Delegation and Domestic Sovereignty")
New New Haven School Conference, Yale Law School, March 2007 (presented on a panel on "Is there a 'New' New Haven School?")
Temple University School of International Law Colloquium, March 2007 (presented "International Law and State Sovereignty")
Duke University Delegating Sovereignty Conference, February 2007 (presented "International Delegation and State Sovereignty")
Middle East Legal Studies Seminar, January 2007 (presented "International Law and Domestic Sovereignty")
Yale University, "Justice in the Mirror" Conference, December 2006 (presented "Global Justice and Domestic Sovereignty")
New America Foundation, Oct. 2006 (presented "Strong States, Strong World")
University of Toronto Faculty of Law, October 2006 (presented "Strong States, Strong World")
Midwest Political Science Conference, April 2006 (presented "Why Do States Join Human Rights Treaties")
Columbia Law School Law and Economics Conference, March 2006 (presented "Strong States, Strong World")
University of Michigan Law School International Law Workshop, March 2006 (presented "Strong States, Strong World")
Duke Law School, March 2006 (presented "Does Delegation undermine U.S. sovereignty?")
Fordham Law School, February 2006 (presented "Reflections on International Law and the Internal Point of View")
University of Connecticut School of Law, January 2006 (presented "Strong States, Strong World")
Harvard Law School, December 2005 (presented "Strong States, Strong World")
Harvard University, November 2005 (presented "The Legacy of Nuremburg")
University of Virginia School of Law, October 2005 (presented "Reflections on the Future of the State")
Fletcher School of Law and Diplomacy, October 2005 (guest lecturer)
Columbia University, Department of Political Science, April 2005 (presented "Between Power and Principle")
Harvard Law School, International Law Workshop, April 2005 (presented "Between Power and Principle")
Georgetown Law School, International Law Colloquium, January 2005 (presented "Between Power and Principle")
Princeton University, Conference on Torture, January 2005 (presented "The Promise and Limits of the International Law on Torture")
Vanderbilt University, International Law Roundtable, November 2004 (presented "Between Power and Principle")
Chicago Law School, American Constitution Society Conference, October 2004 (participated in panel on "Coercive Interrogation")
Chicago Law School, Conference on International Dispute Resolution, October 2004 (presented "Who Adjudicates?")
University of Toronto Law School, (presented "Between Power and Principle: A Political Theory of International Law")
Yale Law School Alumni Conference, panel on Global Governance, October 2004 (moderator)
Odyssey, Chicago Public Radio (debated “The Internationalization of International Law” with Eric Posner on this hour-long radio news show)
University of Southern California Conference on Compliance, May 2004 (presented “Between Power and Principle: A Political Theory of International Law”)
Harvard Law School, April 2004 (presented “Between Power and Principle: A Political Theory of International Law”)
American Society of International Law, April 2004 (presented on a panel entitled “Empirical Approaches to Human Rights”)
University of Bremen, Bremen, Germany, December 2003 (presented “Between Power and Principle: A Political Theory of International Law”)
Yale Law School Faculty Workshop, December 2003 (presented “Between Power and Principle: A Political Theory of International Law”)
Seminario en Latinoamérica de Teoría Constitucional y Política (SELA), Yucay, Peru, June 2003 (presented on a panel entitled “Two-Track Justice”)
Law and Society Association 2003 Annual Meeting, Pittsburgh, PA, June 2003 (presented at a Roundtable on “Empirical Approaches to International Human Rights Law)
Yale Law School Human Rights Workshop, New Haven, CT, May 2003 (presented “Why do countries commit to human rights treaties?”)
University of Virginia International Law Colloquium, Charlottesville, VA, April 2003 (presented “Why do countries commit to human rights treaties?”)
Boalt Hall, University of California International Law Colloquium, Berkeley, CA, February 2003 (presented “The Cost of Commitment”)
Stanford Law School, Symposium: Treaties, Enforcement, and U.S. Sovereignty, Palo Alto, CA, February 2003 (presented “The Cost of Commitment”)
International Association of Law Libraries Conference, New Haven, CT, October 2002 (presented a talk entitled “Making Human Rights Treaties Work: Global Legal Information and Human Rights in the 21st Century”)
Society for Evolutionary Analysis in Law, Tallahassee, FL, April 2002 (presented “Path Dependence in the Law”)
University of Virginia International Law Colloquium, Charlottesville, VA, April 2002 (presented “Do Human Rights Treaties Make a Difference?”)
COURSES TAUGHT
Introduction to Transnational Law
Law and Globalization
Research and Writing on International Law
Civil Procedure
International Law and International Relations
State Behavior and International Law
International Law and Human Rights
Norms and Ideas in International Law and Politics (with Prof. Keith Darden)
Philosophy of International Law (informal seminar)
OTHER PROFESSIONAL EXPERIENCE
1999-2000
HARVARD UNIVERSITY CENTER FOR ETHICS AND THE PROFESSIONS, Cambridge, MA.
Eugene P. Beard Visiting Graduate Fellow.
1999-2000
HARVARD UNIVERSITY CARR CENTER FOR HUMAN RIGHTS POLICY, Cambridge, MA.
Fellow.
July-Aug. 1999
MCDERMOTT, WILL & EMERY, Boston, MA & Washington, DC.
Associate. Worked on human rights and border dispute cases; prepared a report with the Chair of the Inter-American Juridical Committee of the Organization of American States on the Law of the Sea Convention.
1998-99
JUSTICE SANDRA DAY O’CONNOR, U.S. Supreme Court, Washington, DC.
Law Clerk.
1997-98
JUDGE PATRICIA WALD, U.S. Court of Appeals, D.C. Circuit, Washington, DC.
Law Clerk.
PROFESSIONAL ASSOCIATIONS
Yale Law Journal Board of Directors, 2006-
Reviewer for International Organization, International Studies Quarterly, Journal of Conflict Resolution, Journal of Peace Research, Human Rights Quarterly, Oxford University Press, Princeton University Press, Yale University Press, among others.
Nonresident Fellow, New American Foundation (2006-)
Advisory Committee on International Law for the Legal Advisor, United States Department of State (2005-)
Yale Center for International and Area Studies, Research Associate (2004-)
American Political Science Association (2000-)
American Society of International Law (2000-)
New York State Bar, Third Department (admitted in 1998)
Washington, D.C. Bar (admitted in 2000)
UNIVERSITY SERVICE (last five years only)
YLS International Commercial Arbitration Reading Group, Advisor 2006-2007
YLS Time/Calendar Committee, 2006-2007
YLS Lemkin Prize Committee, Summer 2005 & Summer 2006
YLS Fellowships Committee, 2004-2005, 2006-2007
YLS Space Committee, 2004-05, 2006-2007
YLS Security Subcommittee, 2004-05
YLS Curriculum Committee, 2004-05, 2006-2007
YLS Globalization Subcommittee, 2004-05, 2006-2007
YLS First Term Subcommittee, 2004-05, 2006-2007
YLS Lemkin Prize Committee, Summer 2004
YLS Retreat Committee, Spring 2004
YLS Special Courses of Study Committee, 2003-04
YLS Jewell Prize Committee, Summer 2003
YLS Federal Appellate Litigation Reading Group, Faculty Advisor, 2002-03
YLS Middle East Forum Series, Faculty Advisor, 2002-03
YLS Graduate Committee, 2002-03
YLS Foreign Visitors Committee, 2002-03